The Board of Appeals as established by the Village of Sands Point
shall hear and decide appeals and requests for variances from the
requirements of this chapter.
The Board of Appeals shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the local administrator in the enforcement or administration of
this chapter.
Those aggrieved by the decision of the Board of Appeals may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules.
In passing upon such applications, the Board of Appeals shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this chapter and:
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
The costs of providing governmental services during and after
flood conditions, including search-and-rescue operations and maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems and streets and bridges.
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The local administrator shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Emergency Management Agency upon request.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided that the items in § 94-23D(1) through (12) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use, provided that:
The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threat
to public safety.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk resulting
from the lowest floor elevation.